Oral arguments are spoken to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute. Oral arguments can also occur during motion practice when one of the parties presents a motion to the court for consideration before trial, such as when the case is to be dismissed on a point of law, or when summary judgment may lie because there are no factual issues in dispute.
Oral argument operates by each party in a case taking turns to speak directly to the judge or judges with an equal amount of time allotted to each. A party may often reserve part of their time to be used for rebuttal after their adversary has presented.
Presenting lawyers usually cannot get away with simply making speeches or reading their briefs when presenting oral argument to an appeal court. Unlike trial court procedure, where judges intervene only when asked by the parties to resolve objections, it is typical for judges at the appellate level to be active participants in oral argument, interrupting the presenting lawyers and asking questions. This is true even of courts that are formed of panels of multiple judges, such as the United States Supreme Court, where a presenting lawyer must be prepared to handle questions from any of the nine justices. It is also true that when a motion is made before or during trial that the lawyers conduct themselves before the judge in a manner similar to the presentation of the case on appeal, the lawyers present their arguments to the judge in a more conversational mode; in some pre-trial proceedings these appearances may not be recorded by court stenographers as they are invariably recorded in appellate proceedings.
Oral argument is not always considered an essential part of due process, as the briefs also give the parties an opportunity to be heard by the court. Whether a court will permit, require, or guarantee the opportunity to present oral argument is usually left up to each court to decide as part of its rules of procedure, with differences from court to court even within a single jurisdiction. Some courts may guarantee the right to present oral argument, either requiring the parties to request to present or their waiver if they do not wish to, while other courts may require oral argument without the ability to waive it. Courts may also have the discretion to decide a case without presentation of oral argument, rendering their judgment entirely based on the arguments set forth in the parties' briefs.
Famous quotes containing the words united states, oral, argument, united and/or states:
“In a moment when criticism shows a singular dearth of direction every man has to be a law unto himself in matters of theatre, writing, and painting. While the American Mercury and the new Ford continue to spread a thin varnish of Ritz over the whole United States there is a certain virtue in being unfashionable.”
—John Dos Passos (1896–1970)
“We have seen over and over that white male historians in general have tended to dismiss any history they didn’t themselves write, on the grounds that it is unserious, unscholarly, a fad, too “political,” “merely” oral and thus unreliable.”
—Adrienne Rich (b. 1929)
“Of course poets have morals and manners of their own, and custom is no argument with them.”
—Thomas Hardy (1840–1928)
“All comes united to th’ admiring eyes;”
—Alexander Pope (1688–1744)
“Courage, then, for the end draws near! A few more years of persistent, faithful work and the women of the United States will be recognized as the legal equals of men.”
—Mary A. Livermore (1821–1905)